[Federal Register Volume 78, Number 169 (Friday, August 30, 2013)]
[Rules and Regulations]
[Pages 53666-53668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21175]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2013-0252]
RIN 1625-AA09
Drawbridge Operation Regulation; Wolf River, Gills Landing and
Winneconne, WI
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is revising the operating schedule that
governs the Winneconne Highway Bridge at Mile 2.4, and the Canadian
National Railroad Bridge at mile 27.8, both over the Wolf River. A
review of the current regulation was requested by the Wisconsin
Department of Transportation (WDOT) and the Canadian National Railroad.
DATES: This rule is effective on September 30, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0252. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Lee Soule, Bridge Management Specialist, Ninth Coast
Guard District; telephone (216) 902-6085, email [email protected].
If you have questions on viewing the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section Symbol
U.S.C. United States Code
A. Regulatory History and Information
On May 10, 2013, we published a notice of proposed rulemaking
(NPRM) entitled, ``Drawbridge Operation Regulation; Wolf River, Gills
Landing and Winneconne, WI'' in the Federal Register (78 FR 27336). We
did not receive any comments on the proposed rule. No public meeting
was requested, and none was held.
B. Basis and Purpose
The Wolf River extends from its head of navigation in New London,
WI and travels south to Winneconne, WI where it confluences with the
Upper Fox River. The Wolf River has two drawbridges over the waterway.
The Winneconne Highway Bridge at mile 2.4 is a bascule bridge that
provides 70 feet horizontal clearance, 7 feet vertical clearance in the
closed position, and an unlimited vertical clearance in the open
position. The Canadian National Railroad Bridge at Mile 27.8 is a
former swing bridge that was converted to a vertical lift bridge in
2012 that provides 56 feet horizontal clearance, 7 feet vertical
clearance in the closed position, and a vertical clearance of 16 feet
in the raised position. Marine traffic on the waterway consists of
small commercial vessels, and both power and sail recreational vessels.
The existing drawbridge regulation for Wolf River, 33 CFR 117.1107,
includes only the Winneconne Highway Drawbridge and requires the bridge
to open on signal; except from 11 p.m. to 7 a.m., between May 1 and
October 31, the bridge will open if at least two hours advance notice
is provided, and from November 1 through April 30, the bridge will open
if at least 12-hours advance notice is provided. The Coast Guard has
been advised of updated navigation needs on Wolf River, including
reports there has been an increase in recreational vessel usage of the
waterway due to improvements to the lock system, dredging projects, and
restored drawbridges over the Fox River that connect directly with the
Wolf River. This rule will establish consistent operating schedules
that will meet the needs of current and future navigation on the Wolf
River and provide consistency in regulations for the rest of the
connecting waterways.
C. Discussion of Comments, Changes and the Final Rule
The existing regulation for Wolf River (33 CFR 117.1107) addresses
only one of the two drawbridges over Wolf River, and has not been
revised since the overall recodification of federal drawbridge
regulations in 1984.
This rule was developed in conjunction with locally applied bridge
schedules implemented by WDOT and Fox River Valley Navigation Authority
for the past 10 to 15 years. These agencies, along with Canadian
National Railroad, have reviewed and approved this rule.
The current regulation does not include the Canadian National
Railroad Bridge. The Canadian National Railroad Bridge is in a remote
location and the only access to the bridge by the drawtender is by
boat. Bridge logs were not available for review. The Coast Guard has
coordinated with local stakeholders and the Fox River Valley Navigation
Authority and determined a 6-hour advance notice for the Canadian
National Railroad Bridge from April 20 to October 15 would meet the
needs of current navigation. A 12-hour advance notice from October 16
to April 19 would be required for openings.
Currently, the Winneconne Bridge opens on signal between the hours
of 7 a.m. and 11 p.m., daily, and requires a 2-hour advance notice of
arrival for openings from May 1 to October 31
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between the hours of 11 p.m. to 7 a.m., daily. From November 1 to April
30 mariners are required to provide a 12-hour advance notice for
openings. WDOT has operated the Winneconne Highway Bridge during the
navigation season in recent years from April 20 to October 7, with 2-
hours advance notice between midnight and 8 a.m. Slight adjustments to
this schedule were made in the development of this rule. Bridge
openings will occur on signal from April 20 through October 15, except
from midnight to 8 a.m. when 2-hours advance notice is required for
openings, and from October 16 through April 19 if a 12-hour advance
notice is received. No comments were received to the NPRM and this
final rule adopts the proposed rule without changes.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders. This rule incorporates the
locally applied bridge schedules that have been employed in recent
years, with only small variations. The schedule was reviewed and
approved by the bridge owners and representatives of local boating
organizations. This rule is expected to improve access to the waterway
and establish operating regulations that meet the needs of the boating
public in an easy to read language.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard did not receive any comments from the Small
Business Administration on this rule. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities. This rule would
affect the following entities, some of which might be small entities:
the owners or operators of vessels needing to transit the Winneconne
Bridge from midnight to 8 a.m. will need to provide a 2-hour advance
notice of arrival for bridge openings, and at all hours a 6-hour
advance notice for openings at the Canadian National Railroad Bridge.
These operating hours would affect both drawbridges throughout the
boating season from April 20 to October 15. Impacts to small entities
are not expected to be significant as these schedules have effectively
been in place for numerous years and are accepted by local vessel
operators. During the winter when the waterway is typically ice
covered, mariners will be required to provide a 12-hour advance notice
for openings for both bridges, as applicable.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule would not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the
[[Page 53668]]
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This rule is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule revises existing operating regulations or
procedures for drawbridges. This rule is categorically excluded, under
figure 2-1, paragraph (32)(e), of the Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. Revise Sec. 117.1107 to read as follows:
Sec. 117.1107 Wolf River.
(a) The draw of the Winneconne Highway bridge, mile 2.4 at
Winneconne, shall open on signal; except that, between the hours of
midnight and 8 a.m., from April 20 through October 15, at least 2-hours
of advance notice is required, and from October 16 through April 19, at
least 12-hours of advance notice is required. Advance notice shall be
provided to the Winnebago County Highway Department.
(b) The draw of the Canadian National Railroad Bridge, mile 27.8 at
Gill's Landing, shall open on signal if at least 6-hours advance notice
is provided from April 20 through October 15, and if at least 12-hours
advance notice is provided from October 16 through April 19.
Dated: August 16, 2013.
F.M. Midgette,
Rear Admiral, U. S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2013-21175 Filed 8-29-13; 8:45 am]
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